Motor Vehicles Act 1988

New Additions to Motor Vehicles Act 1988 

1. Speeding, riding without a helmet, reckless driving, driving while intoxicated, using a phone while riding or driving, and using a phone while riding might all result in an immediate suspension of the offender's driving privileges. 
2. In circumstances when there is no mob rage, drivers who are involved in collisions and fail to transport the crash victims to the closest hospital could be fined Rs.2,000 or given a jail sentence of up to 6 months. 
3. First-time offenders who commit offences covered by the Motor Vehicles Act may be subject to fines of up to Rs. 5,000 or a maximum sentence of 6 months in prison. The penalty for a further offence is a fine of up to Rs. 10,000 or two years in prison. 

1. A fine of Rs.2,000 and three months in jail would apply if you were caught driving or riding without a valid vehicle or two-wheeler insurance. A Rs.4, 000 fine would be assessed for additional offences. The owner of the uninsured vehicle would be responsible for compensating the victims of the collision. 
2. Individuals, dealers, or car body builders who interfere with the production and maintenance of automobiles would be subject to fines ranging from Rs.5,000 to Rs.1 lakh.

Note: The additions were made in 2016 and will come into effect shortly.

Some of the Important Sections in the Motor Vehicles Act 1988

1. Section 113: This section enforces the law regarding the weight that’s permitted to be carried by a vehicle.

1. Section 112: This section imposes the law regarding the maximum speed at which a motor vehicle can be driven.

1. Section 129: The section which imposes the law of motor cyclists having to wear helmet while riding.

1. Section 134: This section deals with the duty of a driver of a vehicle to report an accident to the police and aid the injured by getting medical attention.

1. Section 185: This section refers to the law which forbids drivers to drive under the influence of drugs or alcohol.

Some of the Common Offences Committed by Drivers on the Road

1. Not having a valid licence on the driver while driving a motor vehicle. The fine can be between Rs. 100 and Rs. 300.
2. Driving on a road that is one-way in the opposite direction is against the law. The First Offence will infer a fine from Rs. 100- 300.
3. Overtaking vehicles in a dangerous manner. Fines can be between Rs. 100 and Rs. 300
4. Driving through a signal which is red is an offence which can be fined Rs. 100 for the first offence and up to Rs. 300 for subsequent offence.
5. Driving the vehicle on the footpath is breaking the law. A fine of Rs. 100 to Rs. 300 may be imposed.
6. It is against the law to stop the vehicle at a Pedestrian Crossing/ Crossing Stop Line. Breaking this law could lead to a fine of anything from Rs. 100 (for first offence) up to Rs. 300.
7. Parking violations can be fined from Rs. 100 to Rs. 300
8. Number Plate Offences can be fined Rs. 100-300
9. Horn offences can be charged a fine of Rs. 100 for first offence and up to Rs. 300 for subsequent offence.
10. Headlights used in an improper manner can result in a fine from Rs. 100 for first time offence and Subsequent Offence of up to Rs. 300.
11. If an Excess Fare is charged, a fine of between Rs. 100 for first offence and Rs. 300 for subsequent offence will be charged.
12. Riders of two wheelers who do not wear helmet while riding may be charged a fine of up to Rs. 100 for first offence and up to Rs. 300 for subsequent offence.
13. According to the Act, any misbehaviour with passengers of the vehicle will be fined between Rs. 100 and Rs. 300
14. Not having the necessary documents as required by law will infer a fine of Rs. 100 to Rs. 300.
15. Cutting lanes in a dangerous manner can infer a fine of Rs. 100 - 300
16. If the driver of the vehicle refuses to ply for hire, he/she can be fined up to Rs. 100 for first offence and up to Rs. 300 for subsequent offence.
17. The law describes certain goods as hazardous to be carried by vehicles. If this is breached fine of up to Rs. 100 will be charged for first offence and up to Rs. 300 for subsequent offence.
18. Accidental Offences will be charged a fine of up to Rs. 500 or imprisonment up to 3 months or both for the first offence. Subsequent offence will be fined up to Rs. 1000 or imprisonment up to 6 months or both.
19. If Mobile Phones are used while driving, the driver may be charged up to Rs. 100 for first offence and up to Rs. 300 for subsequent offence.
20. If a driver breaches order and refuses to give information to the authorities, he/she may be charged with a fine of up to Rs 500 or be imprisoned for up to 1 month (or both).
21. If a person with a licence allows someone without a valid licence to drive the vehicle, then the first person will be charged a fine up to Rs 1000 or will be imprisoned for up to 3 months or both.
22. A fine of up to Rs. 1000 for a first offence and up to Rs. 2000 may be charged for those drivers who drive in a dangerous/reckless manner. The driver may be fined, imprisoned (for up to 6 months- 2 years) or both.
23. The act of driving a vehicle without valid licence is breaking the law. A fine of up to Rs 500 can be charged, the individual can be imprisoned for up to 3 months or both.
24. Any offence relating to driving licence can be charged a fine of up to Rs 500, imprisoned for up to 3 months or both.
25. The Act states that driving under the influence of alcohol and drugs is punishable by law. Breaking this law for the first time will result in a fine of up to Rs. 2000 or imprisonment up to 6 months or both. If the offence is repeated, they shall be fined up to Rs. 3000 or imprisoned up to 2 years or both.
26. It is expected by law, according to 182(A), that the vehicle is maintained to a basic degree. If this law is broken, a fine of Rs. 1000 may be charged for First Offence and Rs. 5000 for subsequent offence.
27. A fine of Rs. 400 – 1000 will be charged for those exceeding the speed limit as mentioned in MVA: 112

Recent Changes Under the Motor Vehicles Act 1988

Listed below are the changes that has been made to the traffic rules which will be effective from 1st October 2020:

1. No need to carry physical documents - As per the new rules, individuals will no longer need to carry physical documents. They will be able to save the documents on their smartphones. It will enable them to keep the physical documents safe and present traffic policemen the soft copies of the documents when asked to.
2. Authorities can revoke the license digitally - As drivers need not carry physical documents, officials will be able to revoke the individual's license digitally, if found violating the rules. The suspension will come into effect immediately.
3. Disqualified license are to be maintained digitally - In case, the driving license is revoked, the record of it will be maintained digitally. The offender will have to report on the digital portal in such an instance.
4. All documents pertaining to driving and vehicle to be uploaded on m-Parivahan or Digi Locker - Documents like driving licence, registration certificate, insurance papers, etc. will need to be uploaded by the individual on m-Parivahan and/or Digi-locker.
5. Mobiles can be used only for route navigation while driving - Following the new amendment, the use of smartphone while driving can only be done for route navigation.
6. Challans will be issued through online platform - For violation of the traffic rules, drivers will be fined under the Motor Vehicles Act, 1989. Violators will be issued e-challans through the digital portal of the government.

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